CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed applicant Edward De La Rosa's removal petition, finding the WCAB lacks jurisdiction over his claim. De La Rosa failed to timely dispute his claim denial through the mandatory Alternative Dispute Resolution (ADR) process, as required by his union's agreement. Specifically, he did not request a Qualified Medical Evaluator within the prescribed 30-day period after receiving notice of denial. This failure to follow the ADR procedures, including timely dispute resolution steps, bars the WCAB from adjudicating the merits of his injury claim.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed applicant Edward De La Rosa's removal petition, finding the WCAB lacks jurisdiction over his claim. De La Rosa failed to timely dispute his claim denial through the mandatory Alternative Dispute Resolution (ADR) process, as required by his union's agreement. Specifically, he did not request a Qualified Medical Evaluator within the prescribed 30-day period after receiving notice of denial. This failure to follow the ADR procedures, including timely dispute resolution steps, bars the WCAB from adjudicating the merits of his injury claim.
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